Rodgers v. Roic Pinole Vista, LLC et al

Northern District of California, cand-4:2015-cv-03447

ORDER DISMISSING CASE AS TO DEFENDANT NEW OHANA, INC. Signed by Judge Maria-Elena James on 1/5/2016.

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1 LAW OFFICE OF IRENE KARBELASHVILI IRENE KARBELASHVILI (SBN 232223) 2 IRAKLI KARBELASHVILI (SBN 302971) 12 South First Street, Suite 413 3 San Jose, California 95113 Telephone: (408) 295-0137 4 Facsimile: (408) 295-0142 5 Attorneys for Plaintiff JOHN RODGERS 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 OAKLAND DIVISION 10 11 12 JOHN RODGERS, Case No. 3:15-CV-03447-MEJ 13 Plaintiff, Civil Rights 14 v. STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL OF 15 ROIC PINOLE VISTA, LLC, A Delaware CLAIMS WITH PREJUDICE limited liability company, et al. AGAINST DEFENDANT NEW 16 OHANA, INC., d/b/a OHANA Defendants. HAWAIIAN BARBECUE AND 17 RESERVATION OF RIGHTS AGAINST CO-DEFENDANTS 18 [F.R.C.P.§§ 41(a)(1)(ii) and (2)] 19 Complaint Filed: July 27, 2015 20 Trial Date: None Set 21 STIPULATION 22 Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, Plaintiff JOHN 23 RODGERS ("Plaintiff") and Defendant NEW OHANA, INC., d/b/a OHANA HAWAIIAN 24 BARBECUE ("Defendant"), by and through their respective attorneys of record, stipulate 25 that: 26 1. Plaintiff's Complaint in the above-entitled action shall be dismissed with prejudice against 27 Defendant. 28 1 Case No. 4:15-CV-03447 STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL OF CLAIMS WITH PREJUDICE AGAINST DEFENDANT NEW OHANA, INC., d/b/a OHANA HAWAIIAN BARBECUE AND RESERVATION OF RIGHTS AGAINST CO-DEFENDANTS 1 2. The Court will Retain jurisdiction to enforce the terms of the parties' SETTLEMENT 2 AGREEMENT AND RELEASE IN FULL signed by both parties and approved by their 3 respective attorneys. 3. All parties shall bear their own costs and fees in the action. 4 4. Plaintiff reserves his rights against co-defendants 5 6 IT IS SO STIPULATED 7 8 Dated: January 4, 2016 /s/ Irene Karbelashvili 9 By: Irene Karbelashvili Attorney for Plaintiff 10 JOHN RODGERS 11 12 Dated: January 4, 2016 /s/ Bruce Neilson 13 By: Bruce Neilson Attorney for Defendant 14 Defendant NEW OHANA, INC., 15 16 17 Pursuant to Local Rule 5-1, I attest under penalty of perjury that concurrence of the filing of this document has been obtained from its signatory. 18 19 Dated: January 4, 2016 /s/ Irene Karbelashvili 20 Irene Karbelashvili 21 22 23 [PROPOSED] ORDER 24 Having reviewed the above Stipulation for Dismissal with Prejudice by Plaintiff JOHN 25 26 RODGERS on the one hand ("Plaintiff") and Defendant NEW OHANA, INC., d/b/a OHANA 27 HAWAIIAN BARBECUE ("Defendant") on the other hand, 28 2 Case No. 4:15-CV-03447 STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL OF CLAIMS WITH PREJUDICE AGAINST DEFENDANT NEW OHANA, INC., d/b/a OHANA HAWAIIAN BARBECUE AND RESERVATION OF RIGHTS AGAINST CO-DEFENDANTS 1 IT IS HEREBY ORDERED that: 2 1. Plaintiff's Complaint in the above-entitled action shall be dismissed with prejudice 3 as against Defendant. 4 2. The Court will retain jurisdiction to enforce the terms of the parties' 5 SETTLEMENT AGREEMENT AND RELEASE IN FULL signed by both parties and 6 7 approved by their respective attorneys. 8 3. Each Party shall bear his own costs and fees in this action. 9 4. Plaintiff reserves his rights against Co-Defendants. 10 11 January 5 Dated:_______________, 2016 ___________________________________ 12 Honorable Maria-Elena James 13 United States Magistrate Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Case No. 4:15-CV-03447 STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL OF CLAIMS WITH PREJUDICE AGAINST DEFENDANT NEW OHANA, INC., d/b/a OHANA HAWAIIAN BARBECUE AND RESERVATION OF RIGHTS AGAINST CO-DEFENDANTS